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(영문) 수원지방법원 2012.11.08 2012고합642
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to take a lecture for sexual assault treatment for 120 hours.

Reasons

Punishment of the crime

On July 26, 2012, around 00:30 on July 26, 2012, the Defendant discovered the victim E (here, 26 years of age) who returned home in secret under the influence of alcohol at the front of the D convenience point in Osan-si, and tried to rape with a suitable opportunity when she walked on “the victim’s string, singing, singinging, singinging, singinging, singing,” and singing out, “the victim was unable to properly tending.”

At around 01:10 on the same day, the Defendant entered his house with a 20-meter away from 10 meters away from the place, searched the door around approximately 40 minutes in the vicinity of the locked, and intruded into the way to remove the shock network and windows of toilets opened for ventilation beyond the Bara and enter the door.

The defendant tried to have sexual intercourse with a female by taking advantage of the victim's defective condition, such as cutting off all the clothes of the victim who was living together and rhyming his body with rhyths, but was reported by the reporter who observed the defendant's residential intrusion, but did not have the intent to arrest the female as soon as possible at the scene by the police officer dispatched immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Each investigation report (Nos. 3, 8, 10, 17, 19, 24 in the list of evidence), copies of the receipt and treatment lists of crimes 112, gene assessment results, delivery of seized objects, requests for appraisal, reports on requests for appraisal and written appraisal;

1. Each protocol of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Articles 14 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

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